Frequently Asked Questions
Q. What are the court's hours of operation?
A. The Immigration Court is open from 8:30 a.m. to 5:00 p.m., Monday through Friday, except federal holidays. Filings are accepted from 8:00 a.m. to 12:00 p.m., and 12:45 p.m. to 4:00 p.m.
Q. What do I do when I arrive at the Immigration Court?
A. The courtrooms are located on the main lobby level of
the building. Once inside the Immigration Court, suite 241, you will find court
calendars posted. These calendars contain the names and case numbers of everyone
who is scheduled for a hearing that day, as well as the name of the Immigration
Judge presiding over the case. There are five courtrooms. Once you have located
your name on the scheduling board, proceed to the appropriate courtroom for
your hearing. If you do not find your name on the scheduling board, go directly
to the main window, and ask the legal assistant/court clerk for assistance.
Q. What do I do when I arrive at my courtroom?
A. If you are there for your first hearing, which is called a master calendar hearing, you will encounter many other people in that room who are also scheduled for a hearing. Please be seated, and wait for the court to call your case.
Q. What do I do if I am attending a hearing for a family member or friend who is being detained?
A. During detained hearings, family members and friends are allowed in the courtroom only during their family member's hearing. If you are a family member or friend of a detainee, you must inform the Department of Homeland Security (DHS) Detention Officer that you are here for the hearing. When your family member's case is heard by the Immigration Judge, the DHS Detention Officer will let you know when you may enter the courtroom.
Q. Do I have to have a lawyer?
A. No, you may elect to proceed without a lawyer if you choose to do so. However, the Department of Homeland Security will have a lawyer present to represent them.
Q. Will there be an interpreter present if I don't speak English?
A. At your first master calendar hearing, a Spanish-speaking interpreter will be available to translate for you. If you need an interpreter for another language, the Immigration Judge may use a telephonic interpreter or may adjourn your case in order to obtain an interpreter. After your first hearing, the Court will ensure that a court interpreter in your native language is available.
Q. How do I notify the court if I change my address or move out of the state?
A. You must notify the Court of any change of address while under proceedings. Form EOIR-33, which is the form used to notify the court of change of an address can be obtained from the clerk or the Immigration Judge. This form must be submitted within five days from the date of your move.
Q. How do I ask for a change of venue?
A. If you move out of state, you or your legal representative may request a Change of Venue from the Immigration Judge. However, until the Immigration Judge grants your request, you are required to appear at all scheduled hearings before the court. You or your legal representative should file a written motion for change of venue, with a proposed order, and a Certificate of Service as early as possible in advance of the scheduled hearing. You or your legal representative may check with Court to ascertain if the change of venue motion has been decided. Please refer to the Immigration Court Practice Manual for additional details.
Q. Why do I need a Certificate of Service?
A. All correspondence or applications regarding any case must be accompanied by a Certificate of Service verifying that the same materials have been sent to the appropriate DHS office. See C.F.R. §3.30.
Q. How do I ask for an continuance?
A. Parties seeking a continuance of any scheduled hearing before an Immigration Judge must file a written motion for continuance. Please refer to the Immigration Court Practice Manual for additional details.
Q. Can I fax motions and applications to the court?
A. No, facsimile filings are not available. With the exception of asylum applications which must be filed during a court hearing, the Immigration Court will accept regular submissions by mail or in person filings through the window in advance of the scheduled hearing. On the day of the hearing, you or your legal representative may submit written motions, applications for relief, and other relevant documentation to the Immigration Judge. Copies of all submissions to the court should also be provided to the Department of Homeland Security. This may be accomplished by regular mail in advance of the scheduled hearing.
Q. Will the Court accept filings of Foreign Language Documents?
A. No. All Foreign Language documents must be accompanied by both an English language translation and a certificate signed by the translator.
Q. Can I submit any size correspondence to the Court for filing?
A. No. All materials submitted must be on 8½" x 11" paper, two-hole punched. Please refer to the Immigration Court Practice Manual for additional details.
Q. What will happen at the hearing?
A. Whether you proceed on your own or with a legal representative, the Immigration Judge will advise you of your rights. You will have an opportunity to obtain a legal representative at no expense to the government; to make an appeal; to present evidence; to testify and have witnesses testify; to examine and object to the government's evidence; to cross examine witnesses presented by the government. You will have an opportunity to plead to the allegations and all charges. If removability is not conceded, the Immigration Judge will conduct a hearing to determine the issue of removability. If removability is established, the Immigration Judge will advise you of any potential relief and allow you an opportunity to submit the appropriate applications for such relief.
Q. What will happen at the conclusion of the hearing?
A. The Immigration Judge will enter a decision in your case which may be oral or written. If oral, it will be presented at the conclusion of your hearing. If written, it will be sent to you in the mail. Either way, the decision will contain the Immigration Judge's findings of facts, conclusions of law, and any reasons for granting or denying relief. You will have the opportunity to appeal this decision if you so choose. If you wish to appeal, Form EOIR 26 (Notice of Appeal) should be filed within 30 days with the Board of Immigration Appeals.
Q. How do I make an appeal?
A. The Notice of Appeal (Form EOIR 26) must be written in English and received by the Board of Immigration Appeals at 5201 Leesburg Pike Suite 1300, Falls Church, VA 22041 within 30 days of the Immigration Judge's decision you are appealing.
Q. Will my application require a fee?
A. With the exception of asylum applications, most applications for relief require a fee. Please see the standard fee schedule for details at 8 C.F.R. section 103.7. The procedures for requesting a fee waiver are found at 8 C.F.R. section 103.7(c).
Q. Where do I pay fees for applications?
A. Immigration Court does not accept any filing fees associated
with applications for relief. All application fees must be paid at the nearest
DHS office. Once the application fee has been paid, the application with the
fee receipt must be filed with the Atlanta Immigration Court, 180 Spring Street,
Suite 241, Atlanta, GA 30303.
Q. How do I make a record or tape request?
A. Requests to review a file can be made in person or in
writing during hours of operation.
Requests for copies of hearing tapes must be made in writing and must include
blank tapes for duplicating.
Q. How do I make a bond request?
A. Bond hearing must be made in writing, with a Certificate of Service to the DHS District Counsel.
Q. What happens if my case is not pending before the Court?
A. Until a charging document is received from DHS, (with the exception of bond cases) your case is not pending before the court. You may check with DHS (404) 331-0253 or 1-800 375-5283 to determine the status of your case.